RESTRICTED  
  
GPA/TN1994/3/Rev.19/Add.1  
26 April 2007  
(24-2752) Page: 1/27 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
 
  
LEGAL CHECK OF THE REVIS ED TEXT  OF THE AGREEMENT ON 
GOVERNMENT PROCUREMENT  AS AT 19 APRIL 2007*,** 
TRACK  CHANGES  VERSION  
PREPARED BY THE SECRETARIAT  
Addendum  
In the informal closing session held on 19 April 2007, the Secretariat was asked to issue two versions 
of the provisionally agreed revised GPA text based on the work carried out that week on the "legal 
check"– a "track changes " document showing the changes  compared to GPA/W/297 and a "clean" 
version of the same text showing how the unopposed changes would look.  N.B.s placed on the text 
by Parties were to  be retained in both documents, and both were to be circulated only in 
"Job document " form.  In his statem ent, the Chairman indicated that "n othing will be deemed agreed 
until the complete results of the legal check are adopted ". 
 
This note embodies the track  changes version of the text compared to GPA/W/297 . 
 
The attached version of the text does not include Article XXII of the revised Agreement or the Draft 
Decision on Arrangement for the period of co -existence of the 1994 Agreement on Government 
Procurement and the [2007] Agreement on Government Procurement , in view of the negotiators' 
notes that have been placed on those provisions  and that participants did not carry out a legal 
drafting check of these provisions.  
 
 
* In English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs2 39) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.19/Add.1  
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  TABLE OF CONTENTS  
Article  I Definitions  ................................ ................................ ................................ .... 3 
Article  II Scope and Coverage  ................................ ................................ ......................  5 
Article  III Security and General Exceptions  to the Agreement  ................................ .............  7 
Article VIV General Principles  ................................ ................................ ..........................  7 
Article  IVV Developing Countries  ................................ ................................ .....................  9 
Article  VI Information on the Procurement System  ................................ ..........................  10 
Article  VII Notices  ................................ ................................ ................................ ....... 11 
Article  VIII Conditions for Participation  ................................ ................................ ............  12 
Article IX  Qualification of Suppliers  ................................ ................................ ...............  13 
Article  X Technical Specifications and Tender Documentation  ................................ ...........  15 
Article  XI Time-Periods  ................................ ................................ ...............................  17 
Article  XII Negotiation  ................................ ................................ ................................ .. 18 
Article XIII Limited Tendering  ................................ ................................ .........................  19 
Article  XIV Electronic Auctions  ................................ ................................ .......................  20 
Article  XV Treatment of Tenders and Awarding of Contract  Award s ................................ ..... 20 
Article  XVI Transparency of Procurement Information  ................................ ........................  21 
Article  XVII Disclosure of Information  ................................ ................................ ...............  22 
Article  XVIII Domestic Review Procedures  for Supplier Challenges  ................................ .........  23 
Article  XIX Modifications and Rectifications to Coverage  ................................ .....................  24 
Article  XX Consultations and Dispute Settlement  ................................ .............................  26 
Article  XXI Institutions  ................................ ................................ ................................ .. 27 
 GPA/TN1994/3/Rev.19/Add.1  
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  Preamble  
 
The Parties to this Agreement (hereinafter referred to as " the Parties"),  
 
Recognizing  the need for an effective multilateral framework for government procurement, with a 
view to achieving greater liberalization and expansion of, and improving the framework for, the 
conduct of international trade;  
 
Recognizing  that measures regarding government procurement should not be prepared, adopted or 
applied so as to afford protection to domestic suppliers, goods , or services, or to discriminate among 
foreign suppliers, goods , or services;  
 
Recognizing  that t he integrity and predictability of government procurement systems are integral to 
the efficient and effective management of public resources, the performance of the Parties' 
economies , and the functioning of the multilateral trading system;  
 
Recognizing  that the procedural commitments under this Agreement should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
Recognizing  the need to take into account the development, financial , and trade needs of developing 
countries, in p articular the least -developed countries;  
 
Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procurements in a transparent and impartial manner , and of avoiding conflicts of 
interest and corrupt practices, in accordance with applicable international instruments, such as the 
United Nations Convention Against Corruption;  
 
Recognizing the importance of using, and encouraging the use of, electronic means for procurement 
covered by this Agreement;  
 
Desiring  to en courage acceptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these objectives  pursuant to 
Article  XXIV:7(b) and (c) of the 1994 Agreement on Government Procurement done at Mar rakesh 
on 15  April 1994 (hereinafter referred to as "the 1994 Agreement") ; [N.B. : This provision is 
related to the final status of the Agreement .] 
 
Hereby agree  as follows:  
 
Article  I Definitions  
 
For purposes of this Agreement:  
 
(a) commercial goods  and or services  means goods  and or services of a type 
generally sold or offered for sale in the commercial marketplace to, and customarily 
purchased by, non -governmental buyers for non -governmental purposes;  
 
(b) Committee means the Committee on Government  Procurement established by 
Article  XXI:1 ; 
 
(c) construction service s contract  means a service contract that has as its objective 
the realization by whatever means of civil or building works, based on Division  51 of 
the Provisional U nited .Nations . Central  Product Classification (CPC);  
 
(cd) country or countries  include s any separate customs territory that is a Party to this 
Agreement.  In the case of a separate customs territory that is a Party to this GPA/TN1994/3/Rev.19/Add.1  
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  Agreement, where an expression in this Agreement is qualified by the term 
"national", such expression shall be read as pertaining to that customs territory, 
unless otherwise specified;  
 
(de) days means calendar days;  
 
(ef) electronic auction  means an iterative process that involves the use of electronic 
means for the presentation by suppliers of either new prices, or new values for 
quantifiable non -price elements of the tender related to th e evaluation criteria, or 
both, resulting in a ranking or re -ranking of tenders;  
 
(fg) in writing  or written  means any worded or numbered expression that can be read, 
reproduced , and later communicated.  It may include electronically transmitted and 
stored information;  
 
(gh) limited tendering  means a procurement method where by the procuring entity 
contacts a supplier or suppliers of its choice;  
 
(hi) measure  means any law, regulation, procedure, administra tive guidance or 
practice, or any action of a procuring entity relating to a covered procurement;  
 
(ij) multi -use list  means a list of suppliers that a procuring entity has determined 
satisfy the conditions for participation in that list, and that the proc uring entity 
intends to use more than once;  
 
(jk) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submit a request for participation, a tender, or both;  
 
(kl) offset s means any condition or undertaking that encourages local development or 
improves a Party's balance -of-payments accounts, such as the use of domestic 
content, the licensing of technology, investment, counter -trade, and similar action s 
or requirement s; 
 
(lm) open tendering  means a procurement method where by all interested suppliers may 
submit a tender;  
 
(mn) person  means a natural person or a juridical person;  
 
(no) procuring entity  means an entity covered under  a Party's  Annex  1, 2, or 3 of to 
Appendix  I of each Party ; 
 
(op) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation;  
 
(pq) selective tendering  means a procurement method where by only qualified suppliers 
satisfying the conditions for participation are invited by the procuring entity to submit 
a tender;  
 
(qr) services  includes construction services, unless otherwise specified;  
 
(rs) standard  means a document approved by a recognized body , that provides , for 
common and repeated use, rules, guidelines , or characteristics for goods or services, 
or related processes and production methods, with which compliance is not 
mandatory.  It may also inclu de or deal exclusively with terminology, symbols, 
packaging, marking , or labelling requirements as they apply to a good, service, 
process , or production method;  
 GPA/TN1994/3/Rev.19/Add.1  
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  (st) supplier  means a person or group of persons that provides or could provide goods 
or servi ces; and 
 
(tu) technical specification  means a tendering requirement that:  
 
(i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety , and dimensions, or the processes and methods 
for their production or provision;  or 
 
(ii) addresses terminology, symbols, packaging, marking , or labelling 
requirements, as they apply to a good or service.  
 
Article  II Scope and Coverage  
 
Application of Agreement  
 
1. This Agreement applies to any measure regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means.  
 
2. For the purposes of this Agreement, covered procurement means procurement for 
governmental purposes:  
 
(a) of goods, services, or any combination thereof:  
 
(i) as specified in each Party's annexes to Appendix  I; and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or res ale; 
 
(b) by any contractual means, including : purchase;  lease;  and rental or hire purchase, 
with or without an option to buy;  
 
(c) for which the value, as estimated in accordance with paragraphs  6 through 8, equals 
or exceeds the relevant threshold specified in a Party's annexes to Appendix  I, at the 
time of publication of a notice in accordance with Article  VII; 
 
(d) by a procuring entity;  and 
 
(e) that is not otherwise exclu ded from coverage in paragraph 3  or in a Party's annexes 
to Appendix I.  
 
3. Except where provided otherwise in a Party's annexes to Appendix I, this Agreement does not 
apply to:  
 
(a) the acquisition or rental of land, existing buildings , or other immovable property or 
the rights thereon;  
 
(b) non-contractual agreements or any form of assistance that a Party provides, 
including cooperative agreements, grants, loans, equity infusions, guarantees , and 
fiscal incentives;  
 
(c) the procurement or acquisition of fiscal agency or depository services, liquidation 
and management services for regulated financial institutions , or services related to 
the sale, redemption and distribution of public debt, including loan s and government 
bonds, notes and other securities;  
 
(d) public employment contracts;  
 
(e) procurement conducted:  GPA/TN1994/3/Rev.19/Add.1  
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   (i) for the specific purpose of providing international assistance,  including 
development aid;  
 
 (ii) under the particular procedure  or condition of an international agreement 
relating to the stationing of troops or relating to the joint implementation by 
the signatory countries of a project;  or 
 
 (iii) under the particular procedure or condition of an international organization, 
or funded by international grants, loans , or other assistance where the 
applicable procedure or condition would be inconsistent with this Agreement.  
 
4. Each Party shall specify the following information in its annexes to Appendix I  annexes1: 
 
(a) in Annex  1, the central government entities whose procurement is covered by this 
Agreement;  
 
(b) in Annex  2, the sub -central government entities whose procurement is covered by 
this Agreement;  
 
(c) in Annex  3, all other entities whose procurement is covered by this Agreement;  
 
(d) in Annex  4, the services , other than construction services,  covered by this 
Agreement;  
 
(e) in Annex  5, the construction services covered by this Agreement;  and 
 
(f) in Ann ex 6, any General Notes  applicable to the annexes of the Party . 
 
5. Where a procuring entity, in the context of covered procurement, requires persons not  listed 
in covered under a Party's annexes to  Appendix  I to procure in accordance with particular 
requirements, Article  IV shall apply mutatis  mutandis  to such requirements.  
 
Valuation  
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a 
particular valuation method for estimating the value of a procurement with the 
intention of totally or partially excluding it from the application of this Agreement;  
and 
 
(b) include the estimated maximum tota l value of the procurement over its entire 
duration, whether awarded to one or more suppliers, taking into account all forms 
of remuneration, including:  
 
(i) premiums, fees, commissions , and interest;  and 
 
(ii) where the procurement provides for the possibility of option clauses, 
the estimated maximum total  value of  the procurement, inclusive of  such 
optional purchases.  [N.B. : Parties are still considering this change.]  
7. Where an individual requirement for a procurement results  in the award of more than one 
contract, or in the award of contracts in separate parts (here inafter referred to as "recurring 
procurements"), the calculation of the estimated maximum total value shall be based on:  
 
 
1 Negotiators' Note:  The Parties are still considering whether to add a specific Annex on goods to 
Appendix  I. GPA/TN1994/3/Rev.19/Add.1  
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  (a) the value of recurring procurements of the same type of good or service awarded 
during the preceding 12  months or the procuring entity's preceding fiscal year, 
adjusted , where possible , to take into account anticipated changes in the quantity 
or value of the good or service being procured ov er the  subsequent  following  
12 months;  or 
 
(b) the estimated value of recurring procurements of the same type of good or service 
to be awarded during the 12  months  subsequent to  following  the initial contract 
award or the procuring entity's fiscal year.  
 
8. In the case of procurement by lease, rental , or hire purchase of goods or services, or 
procurement for which a total price is not specified, the basis for valuation shall be:  
 
(a) in the case of a fixed -term contract:  
 
(i) where the term of the contract is 12 months or less, the total estimated 
maximum value for its duration, or  
 
(ii) where the term of the contract exceeds 12  months, the total estimated 
maximum value, including any estimated residual value;  
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48;  and 
 
(c) where it is it not certain whether the contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 
Article  III Security and General Exceptions  to the Agreement  
 
1. Nothing in this Agreement shall be construed to prevent any Party from taking any action or 
not disclosing any information that it considers necessary for the protection of its essential security 
interests relating to the procurement of arms, ammunition , or war materials, or to procurement 
indispensable for national security or for national defen ce purposes.  
 
2. Subject to the requirement that such measures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable discrimination between Parties where the same 
conditions prevail or a disguised restriction on internatio nal trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing or enforcing measures:  
 
(a) necessary to protect public morals, order , or safety;  
 
(b) necessary to protect human, animal or plant life or health;  
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of persons with disabilities, philanthropic institutions , 
or prison labour.  
 
Article VIV General Principles  
 
National Treatment and Non-Discrimination  
 
1. With respect to any measure regarding covered procurement, each Party, including its 
procuring entities, shall accord immediately and unconditionally to the goods and services of any 
other Party and to the suppliers of any other Party offering the goods or services of any Party, 
treatment no less favourable than the treatment the Party, including its procuring entities, accords 
to: 
 
(a) domestic goods, services , and suppliers;  and 
 
(b) goods, services , and s uppliers of any other Party.  GPA/TN1994/3/Rev.19/Add.1  
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  2. With respect to any measure regarding covered procurement, a Party, including its procuring 
entities, shall not:  
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basi s of the degree of foreign affiliation or ownership;  nor 
 
(b) discriminate against a locally established supplier on the basis that the goods or 
services offered by that supplier for a particular procurement are goods or services 
of any other Party.  
 
Use of Electronic Means  
 
3. When conducting covered procurement by electronic means, a procuring entity shall:  
 
(a) ensure that the procurement is conducted using information technology systems and 
software, including those related to authentication and encryption of information,  
that are generally available and interoperable with other generally available 
information technology systems and software;  and 
 
(b) maintain mechanisms that ensure the integrity of requests for participation and 
tenders, including establishment of the time of receipt and the prevention of 
inappropriate access.  
 
Conduct of Procurement  
 
4. A procuring entity shall conduct covered procurement in a transparent and impartial manner 
that: 
 
(a) is consisten t with this Agreement, using methods such as open tendering, selective 
tendering , and limited tendering;  
 
(b) avoids conflicts of interest;  and 
 
(c) prevents corrupt practices.  
 
Rules of Origin  
 
5. For purposes of covered procurement,  no a Party may shall not  apply rules of origin to goods 
or services imported from or supplied by from another Party that are different from the rules of 
origin the Party applies at the same time in the normal course of trade to imports or supplies of the 
same goods or services from th e same Party.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose , or enforce  any offset s. [N.B. : Parties are still considering this change .] 
 
Measures Not Specific to Procurement  
 
7. The provisions of p Paragraphs  1 and 2 shall not apply to : customs duties and charges of any 
kind imposed on, or in connection with, importation ,; the method of levying such duties and 
charges ,; other import regulations or formalities , and m easures affecting trade in services other 
than measures governing covered procurement.  
 GPA/TN1994/3/Rev.19/Add.1  
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  Article  IVV Developing Countries  
[N.B. : Parties are still considering the changes to this Article.]  
 
1. In negotiations on accession to, and in the implementation and a dministration of, this 
Agreement, the Parties shall give special consideration to the development, financial , and trade 
needs and circumstances of developing countries and least -developed countries (collectively referred 
to here inafter as "developing count ries", unless specifically identified otherwise), recognizing that 
these may differ significantly from country to country.  As provided for in this Article and upon 
request, the Parties shall accord special and differential treatment to:  
 
(a) least-developed countries;  and 
 
(b) any other developing country, where and to the extent that this special and 
differential treatment meets its development needs.  
 
2. Upon accession by a developing country to this Agreement, each Party shall provide 
immed iately to the goods, services , and suppliers of that country the most favourable coverage that 
the Party provides under its annexes to Appendix  I to any other Party to this Agreement, subject to 
any terms negotiated between that the Party and the developin g country in order to maintain an 
appropriate balance of opportunities under this Agreement.  
 
3. Based on its development needs, and with the agreement of the Parties, a developing country 
may adopt or retain maintain one or more of the following transitio nal measures, during a transition 
period and in accordance with a schedule, set out in an its Annex to Appendix  I, and applied in a 
manner that does not discriminate among the other Parties:  
 
(a) a price preference programme, provided that the programme:  
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country applying the preference or 
goods or services originating in other developing countries in respect of 
which the developing countr y applying the preference has an obligation to 
provide national treatment under a preferential agreement;  and 
 
(ii) is transparent, and the preference and its application in the procurement are 
clearly described in the notice of intended procurement;  
 
(b) an offset, provided that any requirement for, or consideration of, the imposition of 
the offset is clearly stated in the notice of intended procurement;  
 
(c) the phased -in addition of specific entities or sectors;  and 
 
(d) a threshold that is higher than its permanent threshold.  
 
4. In negotiations on accession to this Agreement, the Parties may agree to the delay of the 
application of any specific obligation in this Agreement, other than Article IV:1(b), by an acceding 
developing country while that c ountry completes its implementation of the obligation.  The 
implementation period shall be  for: 
 
(a) for a least -developed country, five years after its accession to this Agreement;  and 
 
(b) for any other developing country, only the period necessary to imp lement the 
specific obligation, but not to exceed three years . 
 
5. Any developing country that has been permitted a  negotiated an implementation period in 
which to implement for an obligation under paragraph  4 shall list in an its Annex to its Appendix  I 
the agreed implementation period, the specific obligation subject to the implementation period , and 
any interim obligation with which it a grees has agreed to comply during the implementation period.  
 
6. After this Agreement has entered into forc e for a developing country, the Committee, 
on request of the developing country, may:  
 GPA/TN1994/3/Rev.19/Add.1  
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  (a) extend the transition period for a measure permitted adopted or maintained under 
paragraph  3 or the any implementation period permitted negotiated under 
paragraph  4; or 
 
(b) approve the application adoption of a new transitional measure permitted under 
paragraph  3, in special circumstances that were unforeseen during the accession 
process.  
 
7. A developing country benefiting from that has adopted or maintained a trans itional measure 
provided for in under paragraphs  3 or 6, or an implementation period provided for in under  
paragraph  4, or any extension thereof under paragraph  6 shall take such steps during the transition 
period or implementation period as may be necessa ry to ensure that it is in compliance with this 
Agreement at the end of any such period.  The developing country shall promptly notify the 
Committee of such steps.  
 
8. The Parties shall give due consideration to any request by a developing country for techn ical 
cooperation and capacity building in relation to that country's accession to, or implementation of, 
this Agreement.  
 
9. The Committee may develop procedures for the implementation of this Article.  Such 
procedures may include provisions for voting on decisions relating to requests under paragraph  6. 
 
10. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
Article  VI Information on the Procurement System  
 
1. Each Party shall:  
 
(a) promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, standard contract clause s mandated by law or regulation and 
incorporated by reference in notices  and or tender documentation , and procedure 
regarding covered procurement, and any modifications thereof, in an officially 
designated electronic or paper medium that is widely disseminated and remains 
readily accessible to the public;  and 
 
(b) provide an explanation thereof to any Par ty, on request.  
 
2. Each Party shall list:  
 
(a) in Appendix II, the electronic or paper media in which the Party publishes the 
information regarding the Party's procurement system as required by described in  
paragraph  1; 
 
(b) in Appendix III, the electronic or paper media in which the Party publishes the notices 
required by Articles VII, IX:7 , and XVI:2;  and 
 
(c) in Appendix IV, the website address or addresses where the Party publishes:  
 
(i) its procurement statistics pursuant to Article XVI:5, as  a substitute for 
the submission of the data required under Article XVI:4;  
 
(ii) its notices concerning awarded contracts pursuant to Article XVI:6, as a 
substitute for the report required under Article XVI:4.  
 
3. Each Party shall promptly notify the Commi ttee of any modification to the Party's information 
listed in Appendix II, III , or IV.  
 GPA/TN1994/3/Rev.19/Add.1  
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  Article  VII Notices  
 
Notice of Intended Procurement  
 
1. For each covered procurement,  except in the circumstances described in Article  XIII, 
a procuring entity shall pu blish a notice of intended procurement in the appropriate paper or 
electronic medium listed in Appendix  III, except in the circumstances described in Article XIII . Such 
medium shall be widely disseminated and such notices shall remain readily accessible to  the public, 
at least , until expiration of the time period indicated in the notice.  The notices shall:  
 
(a) for procuring entities  in covered under  Annex 1, be accessible by electronic means 
free of charge, for at least any minimum period of time specified  in Appendix III, 
through a single point of access;  and 
 
(b) for procuring entities  in covered under  Annex es 2 and or 3, where accessible by 
electronic means, be provided, at least, through links in a gateway electronic site 
that is accessible free of char ge. 
 
Parties, including their procuring entities  in covered under  Annex es 2 and or 3, are encouraged to 
publish their notices by electronic means free of charge through a single point of access.  
 
2. Except as otherwise provided in this Agreement, each notice of intended procurement shall 
include:  
 
(a) the name and address of the procuring entity and other information necessary to 
contact the procuring entity and obtain all relevant documents relating to the 
procurement, and their cost and terms of payme nt, if any;  
 
(b) a description of the procurement, including the nature and the quantity of the goods 
or services to be procured or, where the quantity is not known, the estimated 
quantity;  
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices 
of intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement me thod that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any final date for the submission of requests for 
participation in the procurement;  
 
(h) the address and the final date for the submission of tenders;  
 
(i) the language or languages in which tenders or requests for partici pation [must] 
[may]  be submitted, if other than an official language of the Party of the procuring 
entity;  
 
(j) a list and brief description of any conditions for participation of suppliers, including 
any requirements for specific documents or certificatio ns to be provided by suppliers 
in connection therewith, unless such requirements are included in tender 
documentation that is made available to all interested suppliers at the same time as 
the notice of intended procurement;  
 GPA/TN1994/3/Rev.19/Add.1  
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  (k) where, pursuant to Article  IX, a procuring entity intends to select a limited number 
of qualified suppliers to be invited to tender, the criteria that will be used to select 
them and, where applicable, any limitation on the number of suppliers that will be 
permitted to tender;  and 
 
(l) an indication that the procurement is covered by this Agreement.  
 
Summary Notice  
 
3. For each case of intended procurement, a procuring entity shall publish a summary notice that 
is readily accessible, at the same time as the publication of the notice of intended procurement, in 
one of the WTO languages.  The summary notice shall contain at least the following information:  
 
(a) the subject -matter of the procurement;  
 
(b) the final date for the submission of tenders or, where applicable, any final date for 
the submission of requests for participation in the procurement or for inclusion on a 
multi-use list;  and 
 
(c) the address from which documents relating to the procurement may be requested.  
 
Notice of Planned Procurement  
 
4. Procuring entities are  encouraged to publish in the appropriate paper or electronic medium 
listed in Appendix III as early as possible in each fiscal year a notice regarding their future 
procurement plans  (hereinafter referred to as "notice of planned procurement") . The notice  of 
planned procurement  should include the subject -matter of the procurement and the planned date of 
the publication of the notice of intended procurement.  
 
5. A procuring entity  in covered under  Annex  2 or 3 may use a notice of planned procurement 
as a not ice of intended procurement provided that  it includes  the notice of planned procurement 
includes  as much of the information referred to in paragraph  2 as is available and a statement that 
interested suppliers should express their interest in the procuremen t to the procuring entity.  
 
Article  VIII Conditions for Participation  
 
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the legal  and financial capacities and the , commercial , 
and technical , and financial  abilities to undertake the relevant procurement.  
 
2. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financi al capacity and , commercial , and technical abilities of a 
supplier on the basis of that supplier's business activities both inside and outside the 
territory of the Party of the procuring entity;  
 
(b) shall base its determination evaluation on the conditions that the procuring entity 
has specified in advance in notices or tender documentation;  
 
(c) may shall not impose the condition that, in order for a supplier to participate in a 
procurement, the supplier has previously been awarded one or more contracts by a 
procuring entity of a gi ven Party;  and 
 
(d) may require relevant prior experience where essential to meet the requirements of 
the procurement.  
 
3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as:  GPA/TN1994/3/Rev.19/Add.1  
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  (a) bankrup tcy; 
 
(b) false declarations;  
 
(c) significant or persistent deficiencies in performance of any substantive requirement 
or obligation under a prior contract or contracts;  
 
(d) final judgments in respect of serious crimes or other serious offences;  
 
(e) professional misconduct or acts or om issions that adversely reflect upon the 
commercial integrity of the supplier;  or 
 
(f) failure to pay taxes.  
 
Article IX  Qualification of Suppliers  
 
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintai n a supplier registration system where 
under which interested suppliers are required to register and provide certain information.  
 
2. Each Party shall ensure that:  
 
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures;  and 
 
(b) where its procuring entities maintain registration systems, the entities make efforts 
to minimize differences in their registration systems.  
 
3. A Party, including its procuring entities, shall not adopt or apply any regi stration system or 
qualification procedure with the purpose or the effect of creating unnecessary obstacles to the 
participation of foreign suppliers of another Party in its procurement.  
 
Selective Tendering  
 
4. Where a procuring entity  intends to use sele ctive tendering, the entity shall:  
 
(a) include in the notice of intended procurement include at least the information 
specified in Article  VII:2(a), (b), (f), (g), (j), (k) , and (l) and invite suppliers to 
submit a request for participation;  and 
 
(b) provide by the commencement of the time -period for tendering, provide at least the 
information in Article VII:2 (c), (d), (e), (h) , and (i) to the qualified suppliers that it 
notifies as specified in accordance with Article XI:3(b).  
 
5. A procuring entity shall recognize as a qualified supplier any domestic supplier and any 
supplier of another Party that meets the conditions for participation in a particular procurement, 
unless th e procuring entity states in the notice  of intended procurement any limitation on the number 
of suppliers that will be permitted to tender and the criteria for selecting the limited number of 
suppliers.  
 
6. Where the tender documentation is not made public ly available from the date of publication 
of the notice referred to in paragraph  4, a procuring entity shall ensure that those documents are 
made available at the same time to all the qualified suppliers selected in accordance with 
paragraph  5. 
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  Multi-Use Lists  
 
7. A procuring entity may maintain a multi -use list of suppliers, provided that a notice inviting 
interested suppliers to apply for inclusion on the list is:  
 
(a) published annually;  and 
 
(b) where published by electronic means, made avail able continuously,  
 
in the appropriate medium listed in Appendix  III. 
 
8. The notice provided for in paragraph 7 shall include:  
 
(a) a description of the goods or services, or categories thereof, for which the list may 
be used;  
 
(b) the conditions for participation to be satisfied by suppliers and the methods that the 
procuring entity will use to verify a supplier's satisfaction of the conditions;  
 
(c) the name and address of the procuring entity and other information necessary to 
contact the entity and obtain all relevant documents relating to the list;  
 
(d) the period of validity of the list and the means for its renewal or termination, or 
where the period of validity is not provided, an indication of the method by which 
notice will be given of the termination of use of the list;  and 
 
(e) an indication that the list may be used for procurement covered by this Agreement.  
 
9. Notwithstanding paragraph  7, where a multi -use list will be valid for three years or less, a 
procuring entity ma y publish the notice referred to in paragraph  7 only once, at the beginning of the 
period of validity of the list, provided that the notice:  
 
(a) states the period of validity and that further notices will not be published;  and 
 
(b) is published by electro nic means and is made available continuously during the 
period of its validity.  
 
10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi -use list 
and shall include on the list all qualified suppliers within a reasonably s hort time.  
 
11. Where a supplier that is not included on a multi -use list submits a request for participation in 
a procurement based on a multi -use list and all required documents relating thereto, within the 
time-period provided for in Article XI:2, a pro curing entity shall examine the request.  The procuring 
entity  may shall not exclude the supplier from consideration in respect of the procurement on the 
grounds that the entity has insufficient time to examine the request, unless, in exceptional cases, 
due to the complexity of the procurement, the entity is not able to complete the examination of the 
request within the time -period allowed for the submission of tenders.  
 
Annex es 2 and Annex 3 Entities  
 
12. A procuring entity  listed in  covered under  Annex  2 or 3 may use a notice inviting suppliers to 
apply for inclusion on a multi -use list as a notice of intended procurement, provided that:  
 
(a) the notice is published in accordance with paragraph 7 and includes the information 
in required under paragraph  8, as much of the information in required under 
Article  VII:2 as is available , and a statement that it constitutes a notice of intended 
procurement or that only the suppliers on the multi -use list will receive further 
notices of procure ment covered by the multi -use list;  and 
 
(b) the entity promptly provides to suppliers that have expressed an interest to the GPA/TN1994/3/Rev.19/Add.1  
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  entity in a given procurement, sufficient information to permit them to assess their 
interest in the procurement, including all re maining information required in 
Article  VII:2, to the extent such information is available .; and 
 
13.(c) a A supplier having applied for inclusion on a multi -use list in accordance with paragraph  10 
may be allowed to tender in a given procurement, where th ere is sufficient time for the procuring 
entity to examine whether it satisfies the conditions for participation.  
 
Information on Procuring Entity Decisions  
 
1314. A procuring entity shall promptly inform any supplier that submits a request for participati on 
or application for inclusion on a multi -use list of the procuring entity's decision with respect to the 
request.  
 
1415. Where a procuring entity rejects a supplier's request for participation or application for 
inclusion on a multi -use list, ceases to r ecognize a supplier as qualified, or removes a supplier from 
a multi -use list, the entity shall promptly inform the supplier and, on request of the supplier, 
promptly provide the supplier with a written explanation of the reasons for its decision.  
 
Article  X Technical Specifications and Tender Documentation  
 
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt , or apply any technical specification or prescribe 
any conformity assessment procedure with the purpose or the effect of creating unnecessary 
obstacles to international trade.  
 
2. In prescribing the technical specifications for the goods or services being procured, a procuring 
entity shall, where appropriate:  
 
(a) specif y set out  the technical specification in terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and 
 
(b) base the technical specification on int ernational standards, where such exist;  
otherwise, on national technical regulations, recognized national standards , or 
building codes.  
 
3. Where design or descriptive characteristics are used in the technical specifications, a procuring 
entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services 
that demonstrably fulfil the requirements of the procurement by including words such as "or 
equivalent" in the tender documentation.  
 
4. A procuring entity sh all not prescribe technical specifications that require or refer to a 
particular trademark or trade name, patent, copyright, design, type, specific origin, producer , or 
supplier, unless there is no other sufficiently precise or intelligible way of describi ng the procurement 
requirements and provided that, in such cases, the entity includes words such as "or equivalent" in 
the tender documentation.  
5. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competitio n, advice that may be used in the preparation or adoption of any technical 
specification for a specific procurement from a person that may have a commercial interest in the 
procurement.  
6. For greater certainty, a Party, including its procuring entities, m ay, in accordance with this 
Article, prepare, adopt , or apply technical specifications to promote the conservation of natural 
resources or protect the environment.  
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  Tender Documentation  
 
7. A procuring entity shall provide to suppliers tender documentation  that includes all information 
necessary to permit suppliers to prepare and submit responsive tenders.  Unless already provided in 
the notice of intended procurement, such documentation shall include a complete description of:  
 
(a) the procurement, includin g the nature and the quantity of the goods or services to 
be procured or, where the quantity is not known, the estimated quantity and any 
requirements to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, draw ings, or instructional materials;  
 
(b) any conditions for participation of suppliers, including a list of information and 
documents that suppliers are required to submit in connection therewith;  
 
(c) all evaluation criteria to be considered in the awarding  of the contract, and, except 
where price is the sole criterion, the relative importance of such criteria;  
 
(d) where the procuring entity will conduct the procurement by electronic means, any 
authentication and encryption requirements or other requirements related to the 
receipt of information by electronic means;  
 
(e) where the procuring entity will hold an electr onic auction, the rules, including 
identification of the elements of the tender related to the evaluation criteria, on which 
the auction will be conducted;  
 
(f) where there will be a public opening of tenders, the date, time , and place for the 
opening and, where appropriate, the persons authorized to be present;  
 
(g) any other terms or conditions, including terms of payment and any limitation on the 
means by which tenders may be submitted, e.g., paper or electronic means;  and 
 
(h) any dates for the delivery of goods or the supply of services.  
 
8. In establishing any delivery date for the goods or services being procured, a procuring entity 
shall take into account such factors as the complexity of the procurement, the extent of 
subcontracting anticipated and the realistic time required for production, de -stocking and transport 
of goods from the point of supply or for supply of services.  [N.B. : Should de -stocking be changed 
to re -stocking?]  
 
9. The evaluation criteria set out in t he notice  of intended procurement  or tender documentation 
may include, among others, price and other cost factors, quality, technical merit, environmental 
characteristics , and terms of delivery.  
 
10. A procuring entity shall promptly:  
 
(a) make available tender documentation to ensure that interested suppliers have 
sufficient time to submit responsive tenders;  
 
(b) provide, on request, the tender documentation to any interested supplier;  and 
 
(c) reply to any reasonable request for relevant information by any interested or 
participating supplier, provided that such information does not give that supplier an 
advantage over other suppliers.  
Modifications  
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or technical 
requirements set out in a the notice of intended procurement or tender documentation provided to 
participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in GPA/TN1994/3/Rev.19/Add.1  
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  writing all such modifications or amended or re -issued notice or tender documentation:  
 
(a) to all suppliers that are participating at the time the information is amended, if 
known, and in all other cases, in the same manner as the original information;  and 
 
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, 
as appropriate.  
 
Article  XI Time -Periods  
 
General  
 
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for participation and responsive tenders, taking into 
account such factors as:  
 
(a) the nature and complexity of the pr ocurement;  
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be  comm on the same  for all 
interested or participating suppliers.  
 
Deadlines  
 
2. A procuring entity that uses selective tendering shall establish that the final date for the 
submission of requests for participation shall not, in principle, be less than 25 days from the date of 
publication of the notice of intended procurement.  Where a state of urgency duly substantiated by 
the procuring entity renders this time -period impracticable, the time -period may be reduced to not 
less than 10  days.  
 
3. Except as p rovided for in paragraphs  4 and 5, a procuring entity shall establish that the final 
date for the submission of tenders shall not be less than 40  days from the date on which:  
 
(a) in the case of open tendering, the notice of intended procurement is publish ed; or 
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi -use list.  
 
4. A procuring entity may reduce the time -period for tendering set out in paragraph  3 to no t less 
than 10  days where:  
 
(a) the procuring entity published a notice of planned procurement under as described 
in Article  VII:4 at least 40  days and not more than 12  months in advance of the 
publication of the notice of intended procurement, and the not ice of planned 
procurement contains:  
 
(i) a description of the procurement;  
 
(ii) the approximate final dates for the submission of tenders or requests for 
participation;  
 
(iii) a statement that interested suppliers should express their interest in the 
procurement to the procuring entity;  
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  (iv) the address from which documents relating to the procurement may be 
obtained;  and 
 
(v) as much of the information that is required  under A rticle VII:2 for the notice 
of intended procurement  under Article VII:2 , as is available;  
 
(b) the procuring entity, for procurements of a recurring nature, indicates in an initial 
notice of intended procurement that subsequent notices will provide time pe riods for 
tendering based on this paragraph;  or 
 
(c) a state of urgency duly substantiated by the procuring entity renders such time -
period impracticable.  
 
5. A procuring entity may reduce the time -period for tendering set out in paragraph  3 by 
five days for each one of the following circumstances:  
 
(a) the notice of intended procurement is published by electronic means;  
 
(b) all the tender documentation is made available by electronic means from the date 
of the publication of the notice of inten ded procurement;  and 
 
(c) the tenders can be received by electronic means by the procuring entity.  
 
6. The use of paragraph  5, in conjunction with paragraph  4, shall in no case result in the 
reduction of the time -period for tendering set out in paragraph 3  to less than 10  days from the date 
on which the notice of intended procurement is published.  
 
7. Notwithstanding any other time -period in this Article, w here a procuring entity purchases 
commercial goods or services,  or any combination thereof,  it may reduce the time -period for 
tendering set out in paragraph  3 to not less than 13 days, provided that it publishes by electronic 
means, at the same time, both the notice of intended procurement and the tender documentation.  
Where the entity also accep ts tenders for commercial goods and or services by electronic means, it 
may reduce the time period set out in paragraph  3 to not less than 10 days.  
 
8. Where a procuring entity  in covered under  Annex  2 or 3 has selected all or a limited number 
of qualified  suppliers, the time -period for tendering may be fixed by mutual agreement between the 
procuring entity and the selected suppliers.  In the absence of agreement, the period shall not be 
less than 10  days.  
 
Article  XII Negotiation  
 
1. A Party may provide for  its procuring entities to conduct negotiations:  
 
(a) in the context of procurements in which they have indicated such intent in the notice 
of intended procurement required under Article  VII:2;  or 
 
(b) where it appears from the evaluation that no one tender is obviously the most 
advantageous in terms of the specific evaluation criteria set out in the notice  of 
intended procurement  or tender documentation.  
 
2. A procuring entity shall:  
 
(a) ensure that an y elimination of suppliers participating in negotiations is carried out in 
accordance with the evaluation criteria set out in the notice  of intended procurement  
or tender documentation;  and 
 
(b) where negotiations are concluded, provide a common deadline f or the remaining 
participating suppliers to submit any new or revised tenders.  
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  Article  XIII Limited Tendering  
 
1. Provided that it does not use this provision for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of  the any other Part iesy or protects 
domestic suppliers, a procuring entity may use limited tendering and may choose not to apply 
Articles  VII through IX, X (paragraphs 7 through 11), XI, XII, XIV , and XV only under the fol lowing 
circumstances:  
 
(a) provided that the requirements of the tender documentation are not substantially 
modified where:  
 
(i) no tenders were submitted or no suppliers requested participation;  
 
(ii) no tenders that conform to the essential requirements of the tender 
documentation were submitted;  
 
(iii) no suppliers satisfied the conditions for participation;  or 
 
(iv) the tenders submitted have been collusive ;, 
 
 provided that the requirements of the t ender documentation are not substantially 
modified;  
 
(b) where the goods or services can be supplied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for any of the following 
reasons:  
 
(i) the requirement is for a work of art;  
 
(ii) the protection of patents, copyrights or other exclusive rights;  or 
 
(iii) due to an absence of competition for technical reasons;  
 
(c) for additional deliveries by the original supplier of goods and or services that were 
not included in the initial procurement where  a change of supplier for such additional 
goods or services : 
 
(i) a change of supplier for such additional goods  and services  can not be made 
for economic or technical reasons such as requirements of interchangeability 
or interoperability with existing equipment, software, services , or 
installations procured under the initial procurement;  and 
 
(ii) such separation  would cause si gnificant inconvenience or substantial 
duplication of costs to for the procuring entity;  
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about 
by events unforeseeable by the procuring entity, the goods or services could  not be 
obtained in time using open tendering or selective tendering;  
 
(e) for goods purchased on a commodity market;  
 
(f) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, and for, a particular contract for research, 
experiment, study or original development.  Original development of a first good or 
service may include limited production or supply in order to incorporate the results 
of field testing and to demonstrate that the good or service is suitable for production 
or supply in quantity to acceptable quality standards, but does not include quantity GPA/TN1994/3/Rev.19/Add.1  
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  production , or supply to establish commercial viability , or to recover research and 
development costs;  
 
(g) for purchases made under exceptionally advantageous conditions that only arise in 
the very short term in the case of unusual disposals such as those a rising from 
liquidation, receivership , or bankruptcy, but not for routine purchases from regular 
suppliers;  [and] [or]  
 
(h) where a contract is awarded to a winner of a design contest provided that:  
 
(i) the contest has been organized in a manner that is consistent with the 
principles of this Agreement, in particular relating to the publication of a 
notice of intended procurement;  and 
 
(ii) the participants are judged by an independent jury with a view to a design 
contract being awarded to a winner.  
 
2. A procuring entity shall prepare a report in writing on each contract awarded under 
paragraph  1. Each such report shall include the name of the procuring entity, the value and kind of 
goods or services procured , and a statement indicating the circumstances a nd conditions described 
in paragraph  1 that justified the use of limited tendering.  
 
Article  XIV Electronic Auctions  
 
 Where a procuring entity intends to conduct a covered procurement using an electronic 
auction, the entity shall provide each participant, before commencing the electronic auction, with:  
 
(a) the automatic evaluation method, including the mathematical formula, that is based 
on the evaluation criteria set out in the tender documentation and that will be used 
in the automatic ranki ng or re -ranking during the auction;  
 
(b) the results of any initial evaluation of the elements of its tender where the contract 
is to be awarded on the basis of the most advantageous tender;  and 
 
(c) any other relevant information relating to the conduct of the auction.  
 
Article  XV Treatment of Tenders and Awarding of Contract  Award s 
 
Treatment of Tenders  
 
1. A procuring entity shall receive, open , and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procurement proces s, and the confidentiality of tenders.  
 
2. A procuring entity shall not penalize any supplier whose tender is received after the time 
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring 
entity.  
 
3. When a procuring entity provides suppliers with opportunities to correct unintentional errors 
of form between the opening of tenders and the awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Contracts  
 
4. To be considered for an award, a tender must shall be in writing and  must shall, at the time 
of opening, comply with the essential requirements  of set out in  the notices and tender 
documentation and be from a supplier that satis fies the conditions for participation.  
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  5. Unless a procuring entity determines that it is not in the public interest to award a contract,  
it the entity shall award the contract to the supplier that the entity has determined to be fully capable 
of undertak ing fulfilling the terms of the contract and  that, based solely on the evaluation criteria 
specified in the notices and tender documentation, has submitted:  [N.B. : Parties are still 
considering these changes .] 
 
(a) the most advantageous tender;  or 
 
(b) where price is the sole criterion, the lowest price.  
 
6. Where a procuring entity receives a tender with a price that is abnormally lower than the 
prices in other tenders submitted, it may verify with the supplier that it  can comply with  satisfies  
the cond itions  of for participation and is capable of fulfilling the terms of the contract.  
 
7. A procuring entity shall not use option clauses, cancel a procurement , or modify awarded 
contracts in a manner that circumvents the obligations  of under  this Agreement.  
 
Article  XVI Transparency of Procurement Information  
 
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers of the entity's contract award 
decisions and, on request, shall do so in writing.  Subject to paragraphs 2 and 3 of Article  XVII, a 
procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the 
reasons  that why the entity did not select its tender and the relative advantages of the successful 
supplier's tender.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by this Agreement, a procuring 
entity shall publish a notice in the appropriate paper or electronic medium listed in Appendix  III. 
Where only an electronic medium is used, the information shall remain readily accessible for a 
reasonable period of t ime. The notice shall include at least the following information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successfu l tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award;  and 
 
(f) the type of procurement method used, and in cases where limited tendering was 
used pursuant to in accordance with Article  XIII, a de scription of the circumstances 
justifying the use of limited tendering.  
 
Maintenance of Documentation, Reports , and Electronic Traceability  
 
3. Each procuring entity shall, for a period of at least three  years from the award of the contract 
maintain:  
 
(a) documentation and reports of tendering procedures and contract awards relating to 
covered procurement, including the reports required under Article  XIII; and 
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  (b) data that ensure the appropriate traceability of the conduct of covered procur ement 
by electronic means.  
 
Collection and Report ing of Statistics  
 
4. Each Party shall collect and report to the Committee statistics on its contracts covered by this 
Agreement.  Each report shall cover one  year and be submitted within two  years of the end  of the 
reporting period, and shall contain:  
 
(a) for Annex  1 procuring entities:  
 
(i) the number and total value, for all such entities, of contracts covered by this 
Agreement;  
 
(ii) the number and total value of all contracts covered by this Agreement 
awarded by such entities, broken down by categories of goods and services 
according to an internationally recognized uniform classification system;  and 
 
(iii) the number and total value of contracts covered by this Agreement awarded 
by each such entity under limited tendering;  
 
(b) for Annex  2 and 3 procuring entities, the number and total value of contracts 
covered by this Agreement awarded by all such entities, broken down by Annex;  and 
 
(c) estimates for the information required under subparagr aphs (a) and (b), with an 
explanation of the methodology used to develop the estimates, where it is not 
feasible to provide the data.  
 
5. Where a Party publishes its statistics on an official website, the Party may substitute a 
notification to the Committe e of the website address for the submission of the data under paragraph 
4, with any instructions necessary to access and use such statistics, in accordance with the 
requirements of paragraph 4.  
 
6. Where a Party requires notices concerning awarded contract s, pursuant to paragraph  2, to be 
published electronically and where such notices are accessible to the public through a single database 
in a form permitting analysis of the covered contracts, the Party may substitute a notification to the 
Committee of the  website address for the submission of the data under paragraph 4, with any 
instructions necessary to access and use such data.  
 
Article  XVII  Disclosure of Information  
 
Provision of Information to Parties  
 
1. On request of any other Party, a Party shall provide promptly any information necessary to 
determine whether a procurement was conducted fairly, impartially and in accordance with this 
Agreement, including information on the characteristics and relative advantages of the successful 
tender.  In cases where release of the information would prejudice competition in future tenders, the 
Party that receives that information shall not disclose it to any supplier, except after consultation 
with, and agreement of, the Party that provided the information.  
 
Non-Disclosure of Information  
 
2. Notwithstanding any other provision of this Agreement, a Party, including its procuring 
entities,  may shall not provide information to any particular supplier information that might prejudice 
fair competition between suppliers.  
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  3. Nothing in this Agreement shall be construed to require a Party, including its procuring entities, 
authorities , and review bodies, to release disclose confidential information  under this Agreement  
where  release  disclosure : 
 
(a) would  impede law enforcement;  
 
(b) might prejudice fair competition between suppliers;  
 
(c) would prejudice the legitimate commercial interests of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest.  
 
Article  XVIII  Domestic Review Procedures  for Supplier Challenges  
 
1. Each Party shall provide a timely, effective, transparent , and non -discriminatory 
administrative or judicial review procedure through which a supplier may challenge:  
 
(a) a breach of the Agreement;  or 
 
(b) where the supplier does not have a right to challenge directly a breach of the 
Agreement under the domestic law of a Party, a failure to comply with a Party's 
measures implementing this Agreement,  
 
arising in the context of a covered procurement, in which  it the supplier  has, or has had, an interest.  
The procedural rules for all  challenges shall be in writing an d made generally available.  
 
2. In the event of a complaint  by a supplier, arising in the context of covered procurement in 
which the supplier has, or has had, an interest, that there has been a breach  of this Agreement or, 
where the supplier does not have  a right to challenge directly a breach of this Agreement under the 
domestic law of a Party,  or a failure  as set out in paragraph 1  to comply with a Party's measures 
implementing this Agreement , each the Party concerned shall encourage the its procuring en tity and 
the supplier to seek resolution of the complaint through consultations.  The procuring entity shall 
accord impartial and timely consideration to any such complaint in a manner that is not prejudicial 
to the supplier's participation in ongoing or future procurement or right to seek corrective measures 
under the administrative or judicial review procedure.  
 
3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge,  
which in no case shall be less than 10 days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.  
 
4. Each Party shall establish or designate at least one impartial administrative or judicial 
authority that is independent of its pr ocuring entities to receive and review a challenge by a supplier 
arising in the context of a covered procurement.  
 
5. Where a body other than an authority referred to in paragraph  4 initially reviews a challenge, 
the Party shall ensure that the supplier ma y appeal the initial decision to an impartial administrative 
or judicial authority that is independent of the procuring entity whose procurement is the subject of 
the challenge.  
 
6. A review body that is not a court shall either be subject to judicial revi ew or have procedures 
that provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body;  
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  (b) the participants to the proceedings ( hereinafter referred to as "participants") shall 
have the right to be heard prior to a decision of the review body being made on the 
challenge;  
 
(c) the participants shall have the right to be represented and accompanied;  
 
(d) the participants shall have a ccess to all proceedings;  
 
(e) the participants shall , have the right to request that the proceedings take place in 
public and that witnesses may be presented;  and 
 
(f) decisions or recommendations relating to supplier challenges by suppliers shall be 
provided, in a timely fashion, in writing, with an explanation of the basis for each 
decision or recommendation.  
 
7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures to preserve the supplier's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  The procedures may provide that overriding adverse consequences for the 
interests concerned, including the public interest, may be taken into account  when 
deciding whether such measures should be applied.  Just cause for not acting shall 
be provided in writing;  and 
 
(b) where a review body has determined that there has been a breach  of this Agreement 
or, where the supplier does not have a right to chall enge directly a breach of this 
Agreement under the domestic law of a Party,  or a failure  as set out in paragraph 1  
by a procuring entity to comply with a Party's measures implementing this 
Agreement , corrective action or compensation for the loss or damage s suffered, 
which may be limited to either the costs for the preparation of the tender or the costs 
relating to the challenge, or both.  
 
Article  XIX Modifications and Rectifications to Coverage  
 
Notification of Proposed Modification  
 
1. A Party shall notif y the Committee of any proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other modification (referred to generally in this Article 
as "modification") of its annexes to Appendix I  Annexes . The Party proposing the modification 
(hereinafter referred to as "modifying Party") shall include in the notification:  
 
(a) for any proposed withdrawal of an entity from its annexes to Appendix I  Annexes  in 
exercise of its rights on the grounds that government contr ol or influence over the 
entity's covered procurement has been effectively eliminated, evidence of such 
elimination;  or 
 
(b) for any other proposed modification, information as to the likely consequences of 
the change for the mutually agreed coverage provi ded for in this Agreement.  
 
Objection to Notification  
 
2. Any Party whose rights under this Agreement may be affected by a proposed modification 
notified under paragraph  1 may notify the Committee of any objection to the proposed modification.  
Such objections shall be made within 45  days from the date of the circulation to the Parties of the 
notification, and shall set out reasons for the objection.  
 
Consultations  
 
3. The modifying Party and any Party making an objection ( hereinafter referred to  as "objecting 
Party") shall make every attempt to resolve the objection through consultations.  In such GPA/TN1994/3/Rev.19/Add.1  
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  consultations, the modifying and objecting Parties shall consider the proposed modification:  
 
(a) in the case of a notification under paragraph  1(a), in  accordance with any indicative 
criteria adopted pursuant to paragraph 8 (b) indicating the effective elimination of 
government control or influence over an entity's covered procurement;  and 
 
(b) in the case of a notification under paragraph  1(b), in accord ance with any criteria 
adopted pursuant to paragraph 8 (c) relating to the level of compensatory 
adjustments to be offered for modifications, with a view to maintaining a balance of 
rights and obligations and a comparable level of mutually agreed coverage p rovided 
in this Agreement.  
 
Revised Modification  
 
4. Where the modifying Party and any objecting Party resolve the objection through 
consultations, and the modifying Party revises its proposed modification as a result of those 
consultations, the modifying Party shall notify the Committee in accordance with paragraph  1, and 
any such revised modification shall only be effective after fulfilling the requirements of this Article.  
 
Implementation of Modifications  
 
5. A proposed modification shall become effectiv e only where:  
 
(a) no Party submits to the Committee a written objection to the proposed modification 
within 45  days from the date of circulation of the notification of the proposed 
modification under paragraph  1; 
 
(b) all objecting Parties have notified t he Committee that they withdraw their objections 
to the proposed modification;  or 
 
(c) 150 days from the date of circulation of the notification of the proposed modification 
under paragraph 1 have elapsed, and the modifying Party has informed the 
Committee of its intention to implement the modification.  
Withdrawal of Substantially Equivalent Coverage  
 
6. Where a modification becomes effective pursuant to paragraph 5(c), any objecting Party may 
withdraw substantially equivalent coverage.  Notwithstan ding Article IV:1(b), a withdrawal pursuant 
to this paragraph may be implemented solely with respect to the modifying Party.  Any objecting 
Party shall inform the Committee of any such withdrawal at least 30 days before the withdrawal 
becomes effective.  A withdrawal pursuant to this paragraph shall be consistent with any criteria 
relating to the level of compensatory adjustment adopted by the Committee pursuant to 
paragraph  8(c). [N.B. : Parties are considering a reference to  Article IV:2.] 
 
Arbitration Procedures to Facilitate Resolution of Objections  
 
7. Where the Committee has adopted arbitration procedures to facilitate the resolution of 
objections pursuant to paragraph 8, a modifying or any objecting Party may invoke the arbitration 
procedur es within 120  days of circulation of the notification of the proposed modification.  
 
(a) Where no Party has invoked the arbitration procedures within the time -period:  
(i) notwithstanding paragraph 5(c), the proposed modification shall become 
effective wher e 130 days from the date of circulation of the notification of 
the proposed modification under paragraph 1 have elapsed, and the 
modifying Party has informed the Committee of its intention to implement 
the modification;  and 
(ii) no objecting Party may with draw coverage pursuant to paragraph 6.  
(b) Where a modifying Party or objecting Party has invoked the arbitration procedures:  GPA/TN1994/3/Rev.19/Add.1  
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  (i) notwithstanding paragraph 5(c), the proposed modification shall not become 
effective before the completion of the arbitration procedures;  
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent cove rage pursuant to paragraph 6, shall 
participate in the arbitration proceedings;  
(iii) a modifying Party should comply with the results of the arbitration  
procedures in making any modification effective pursuant to paragraph  5(c); 
and 
(iv) where a modifying  Party does not comply with the results of the arbitration 
procedures in making any modification effective pursuant to paragraph  5(c), 
any objecting Party may withdraw substantially equivalent coverage 
pursuant to paragraph  6, provided that any such withdr awal is consistent 
with the result of the arbitration procedures.  
Committee Responsibilities  
 
8. The Committee shall adopt:  
 
(a) arbitration procedures to facilitate resolution of objections under paragraph  2:; 
 
(b) indicative criteria  that demonstrate the effective elimination of government control 
or influence over an entity's covered procurement;  and 
 
(c) criteria  that for indicate how to determin eing the level of compensatory adjustment 
to be offered for modifications made pursuant to par agraph  1(b) and of substantially 
equivalent coverage under paragraph  6. 
 
Article  XX Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic consideration to , and shall afford adequate opportunity 
for, consultation regarding such representations as may be made by another Party with respect to 
any matter affecting the operation of this Agreement.  
 
2. Where any Party considers that any benefit accruing to it, dir ectly or indirectly, under this 
Agreement is being nullified or impaired, or that the attainment of any objective of this Agreement 
is being impeded as the result of:  
 
(a) the failure of another Party or Parties to carry out its obligations under this 
Agreement;  or 
 
(b) the application by another Party or Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement,  
 
it may with a view to reaching a mutually satisfactory solution to the matter, have recourse to the 
provisions of  the Understanding on Rules and Procedures Governing the Settlement of Disputes 
(hereinafter referred to as "the Dispute Settlement Understanding").  
 
3. The Dispute Settlement Understanding applies shall apply to consultations and the settlement 
of dispute s under this Agreement, with the exception that,  notwithstanding paragraph  3 of Article  22 
of the Dispute Settlement Understanding, any dispute arising under any Agreement listed in 
Appendix  1 to the Dispute Settlement Understanding other than this Agreeme nt shall not result in 
the suspension of concessions or other obligations under this Agreement, and any dispute arising 
under this Agreement shall not result in the suspension of concessions or other obligations under 
any other Agreement listed in Appendix  1 of the Dispute Settlement Understanding . 
 GPA/TN1994/3/Rev.19/Add.1  
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  Article  XXI Institutions  
 
Committee on Government Procurement  
 
1. There shall be a  A Committee on Government Procurement composed of representatives from 
each of the Parties  shall be established . This Committee shall elect its own Chairman and shall meet 
as necessary, but not less than once  a year, for the purpose of affording Parties the opportunity to 
consult on any matters relating to the operation of this Agreement or the furtherance of its 
objectives, and to  carry out such other responsibilities as may be assigned to it by the Parties.  
 
2. The Committee may establish working parties or other subsidiary bodies that shall carry out 
such functions as may be given to them by the Committee.  
 
3. The Committee shall annually:  
 
(a) review the implementation and operation of this Agreement;  and 
 
(b) inform the General Council  of its activities, pursuant to Article  IV:8 of the WTO  
Agreement, and of developments relating to the implementation and operation of 
this Agreement.  
 
Observers  
 
4. Any WTO Member that is not a Party to this Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a written notice to the  Secretariat  Committee . Any 
WTO observer may submit a written request to the  Secretariat  Committee  to participate in the 
Committee as an observer, and may be accorded observer status by the Committee.  
 [N.B.:  The Parties are still considering Article XXII and the Draft Decision on 
Arrangement for the period  of co -existence of the 1994 Agreement on Government 
Procurement and the [2007] Agreement on Government Procurement.]  
 
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